SECOND DIVISION
[G.R. No. 243449. February 18, 2019.]
ATTY. RODOLFO A. PADILLA, petitioner,vs. REPUBLIC OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 18 February 2019 which reads as follows:
"G.R. No. 243449 (Atty. Rodolfo A. Padilla v. Republic of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the November 29, 2018 Decision 2 of the Court of Appeals (CA) in CA-G.R. CV No. 100113 for failure of petitioner Atty. Rodolfo A. Padilla (petitioner) to sufficiently show that the CA committed any reversible error in upholding the denial of his Motion to Approve the Deed of Absolute Sale 3 (Motion) involving the lot owned by the estate of the late Josefina J. Lotuaco in Muntinlupa City covered by Transfer Certificate of Title (TCT) No. S-75643 4 (subject property).
As correctly ruled by the CA, petitioner was not authorized to sell the subject property, considering that the authority granted to Leovigildo J. Lotuaco, 5 the former executor of the estate, did not automatically pass on to him. 6 Thus, petitioner should have first secured from the court an authority to sell the subject property before executing the sale. 7 Since there was no such authority, the denial of the approval of the deed of sale was proper. Records show that the denial of the Motion was premised on petitioner's lack of authority to sell the subject property and not, as petitioner contends, on the supposed non-submission of the inventory of the estate's properties. 8
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-16.
2.Id. at 17-24. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Stephen C. Cruz and Pablito A. Perez, concurring.
3. Not attached to the rollo.
4. Not attached to the rollo.
5. Referred to as "Leogovildo J. Lotuaco" in some parts of the rollo.
6. See rollo, p. 22. See also Section 4, Rule 82 of the Rules of Court, which provides:
Section 4. Powers of new executor or administrator. Renewal of license to sell real estate. — x x x An authority granted by the court to the former executor or administrator for the sale or mortgage of real estate may be renewed in favor of such person without further notice or hearing. (Emphasis supplied)
7. See rollo, p. 22.
8. See id. at 21-22.